about defamatory claims, the speed and quality of its internet service, this is against one of the unions in new york so keep an eye on cablevision and how this turns out. zynga as we talk about possible gaming in the u.k. jumping 3%, nike agree representation of retail which is under pressure across the board, apple down $8 and bank of america of the no. one performer on the dow jones industrials up 2%. dennis: thank you. growing pessimism with less than a week until the fiscal cliff deadline. 50% of americans say we would get a deal, 48% saying it is a no go according to a new gallup poll and that is a big change from a poll conducted last week. we are joined by washington bureau chief jerry side. john bbehner and republicans were unable to do it. now the focus and pressure shifts to the senate and the democrats. >> in the senate is democrats and republicans because last year when we were in this fix couldn't get out of the debt ceiling crisis it was harry reid, the democrat leader in the senate and mcconnell, the republican leader who emerged as adults in the room and worked up somethi